In Minister of Safety & Security v Van Duivenboden, an important case in the South African law of delict and South African criminal law, the Supreme Court of Appeal held that, while private citizens may be entitled to remain passive when the constitutional rights of other citizens are threatened, the State has a positive constitutional duty, imposed by section 7 of the Constitution, to act in protection of the rights in the Bill of Rights. The existence of this duty necessarily implies accountability. Where the state, represented by persons who perform its functions, acts in conflict with section 7, the norm of accountability must of necessity assume an important role in determining whether or not a legal duty ought to be recognized in any particular case.
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Minister of Safety and Security v Van Duivenboden 2002 (87) SA 431 (SCA).
minister, safety, security, duivenboden, important, case, south, african, delict, south, african, criminal, supreme, court, appeal, held, that, while, private, citizens, entitled, remain, passive, when, constitutional, rights, other, citizens, threatened, stat. In Minister of Safety amp Security v Van Duivenboden an important case in the South African law of delict and South African criminal law the Supreme Court of Appeal held that while private citizens may be entitled to remain passive when the constitutional rights of other citizens are threatened the State has a positive constitutional duty imposed by section 7 of the Constitution to act in protection of the rights in the Bill of Rights The existence of this duty necessarily implies accountability Where the state represented by persons who perform its functions acts in conflict with section 7 the norm of accountability must of necessity assume an important role in determining whether or not a legal duty ought to be recognized in any particular case References editMinister of Safety and Security v Van Duivenboden 2002 87 SA 431 SCA nbsp This article relating to case law in South Africa is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Minister of Safety 26 Security v Van Duivenboden amp oldid 1162947122, wikipedia, wiki, book, books, library,
